Stealing someone else’s credit card is a crime of theft. The crime of larceny is to steal someone else's credit card and use it through illegal means, and the crime of credit card fraud is to forge someone else's credit card or pick up someone else's credit card and use it fraudulently. If the amount of stolen credit cards is relatively large, the person will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. The larger the amount, the more serious the circumstances, the more serious the sentence will be, and so on. The specific situations of credit card theft are as follows:
1. Directly steal the credit card and its password, install a card swallowing device in the ATM machine to intercept the real card and peek the password, and after obtaining other people's credit card, use it at the bank counter or ATM Withdraw cash on the plane, or swipe your card to make purchases at specially appointed merchants;
2. Steal credit card information and passwords, and obtain the cardholder’s credit card information and stolen amounts through deceptive means such as phone calls and text messages;
3. Pick up or steal other people's credit cards, pretend to be the cardholder's identity, report the loss, cancel or change the password, and then wait for an opportunity to steal or swipe the funds in the card.
Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"
The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Using it fraudulently Others’ credit cards;
(4) Malicious overdrafts.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.